DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Traffic Logistics Pty Ltd
(AG2020/2686)

TRAFFIC LOGISTICS PTY LTD ENTERPRISE AGREEMENT 2020

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 OCTOBER 2020

Application for approval of the Traffic Logistics Pty Ltd Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Traffic Logistics Pty Ltd Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Traffic Logistics Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Workers’ Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

• 34.3(b) - Personal Leave; and

• 36.1 - Public Holidays.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 November 2020. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

Traffic Logistics Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The applicant sought to have the agreement, which was negotiated with a trade union, approved under the simplified authorisation process. The company and the union argued that the agreement contained appropriate provisions for the operation of the workplace, and that it had been negotiated in good faith.

The Commission was required to determine whether the agreement met the requirements of the Fair Work Act 2009, including whether it was negotiated in good faith and contained appropriate provisions for the operation of the workplace. The Commission also had to consider whether the agreement complied with the provisions of the National Employment Standards and the applicable awards.

The Commission found that the agreement had been negotiated in good faith and contained appropriate provisions for the operation of the workplace. The Commission was satisfied that the agreement complied with the requirements of the Fair Work Act and the applicable awards. The Commission approved the agreement, finding that it met the requirements of the simplified authorisation process.

The Fair Work Commission approved the Traffic Logistics Pty Ltd Enterprise Agreement 2020. The agreement will now be binding on the parties and will operate as a registered agreement under the Fair Work Act 2009.

Traffic Logistics Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established